Compensation-Claims UK

No Win No Fee

The criteria for a ‘no win, no fee’ claim is usually accident based, where the victim was in no way responsible for their injuries. This is often applicable to work based injuries, when it can be proven that the employer was responsible for the injuries, usually through a failure to adhere to health and safety regulations. Compensation is normally sourced from the other (or losing) party’s insurance company, but in many instances, even when no insurance policy is available, ‘no win, no fee’ claims can still be successful. Due to the nature of the majority of ‘no win, no fee’ claims, the solicitors who fight these cases are more often than not, experts in personal injury law. It is also common for them to be members of the Association of Personal Injury Lawyers (APIL) or the Law Society Personal Injury Panel. Since the ‘no win, no fee’ legal claim is especially popular and successful with personal injury claims and compensation, it is common practice for the legal professionals to source more specialised legal minds as well as medical experts.

The process is basically as simple as the name denotes, if your solicitor is not able to secure you a successful claim, then you will not be viable for any charges-from your own solicitor at least. However it is common practice for the losing party to cover the legal costs of the successful faction. You will also have to cover any other fees incurred during the legal process, including court fees or the costs of medical testing, which are known as ‘disbursements‘. Fortunately you will usually be advised by your solicitor to arrange ‘after the event’ insurance, which will cover you for all of these eventualities. It is likely that the soliciting company will even arrange this for you. Of course, you will be expected to pay a premium if you take advantage of your insurance policy. Therefore, it is true that to a certain extent if you do not secure a ‘win’ then you do not have to pay a ‘fee’, but there are many additional costs that you must be prepared for in the event of an unsuccessful claim. However some solicitors’ firms are now offering to cover all expenses incurred during the case, so it would prove beneficial to locate and seriously consider firms that make such offers.

If your solicitor does manage a successful claim, they will have to be paid. Aside from this basic charge, the solicitor may also be entitled to an additional fee, known as a ’success fee’ However, this is usually to the detriment only of the losing party, who are normally ordered by the court to cover the cost of both the basic and additional fee. The losing party are also usually ordered to cover the cost of any disbursements. It is important to consider that the losing party will not always be ordered to meet the cost of all the additional fees and disbursements, and in this eventuality you will be expected to pay.